The provisions of the Domestic
Violence Act, 2005, are aimed at protecting the rights of women effectively and do not exclude Muslim women from its purview, the Bombay High Court has ruled.
"The enactment of the Domestic Violence Act in no way intends to restrict its application to any particular category of women, but it intends to protect any aggrieved woman who is a victim of domestic violence," Justice Bharati Dangre said.
The petitioner claimed that they are from the Alvi Bohra community and hence both the parties are governed by Muslim Personal Law and their personal relationship is governed by the Muslim Personal Law (Shariat) Application Act 1937, the Dissolution of Muslim Marriage Act, 1939 and the Muslim Women (Protection of Rights on Divorce) Act.
The high court, however, in its order, passed earlier this month, refused to accept this contention.
The HC observed that the scheme of the enactment does not restrict the applicability of the provisions of the Act to a particular category of women, nevertheless to a woman belonging to a particular religion.
It dismissed the man's petition and said the parties being governed by the Muslim Personal Law is not an impediment in the wife invoking the jurisdiction of the court under the Domestic Violence Act.
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